01-14-2019 Council Packet - Laserfiche WebLink

Home Browse Search

CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The home at 2709 Walters Port Lane is situated as close as 25 feet to the OHWL. When paired with the home at 2715 Pence the applied average lakeshore setback for the Property is unique and extreme. These conditions are unique to the property. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property is at the end of a straight shoreline with the home at 2709 Walters Port Lane on the west. The home, when paired with the Hueler home at 2715 Pence results in the unique applied average lakeshore setback for the Property. These conditions are unique to the property. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The Applicant has a right to construct a home on the lakeshore property with a reasonable view and proximity to the lake. The variance is the minimal amount necessary for the preservation of a property right of the Applicants. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” The intent of the zoning ordinance is to provide an opportunity for development and reinvestment in neighborhoods while reinforcing Orono’s goals of lake and natural resource protection, while preserving the unique neighborhood character. The Applicants are proposing to construct a home designed to limit the impact to the lake and the neighborhood. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The Applicant proposes to construct a home on the lakeshore property with a reasonable view and setback from the lake. The variance is the minimal amount necessary to alleviate a practical difficulty. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home conforming to the modified average lakeshore setback determined by the closest lakeside corners of the adjacent homes to the Property, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the corner to corner average lakeshore setback line shown on the modified site plan attached as Exhibit A.